The possession of a controlled substance is illegal. This may lead to you being detained, or you pay a fine. It is about having a product and being ready to spread it. There are segments we can split up the case to. The first part is about purpose. The second part is the possession alone and intent to distribute. The possession with the intent to distribute crime has not been committed until all the three crimes have been proven to take place. The federal government has the explanation to this cases.
Having the controlled substances are against the law, and you can be arrested for that. One example is where you find the illegal drug in the hands of a person, that is possession. The conclusion is, therefore, they possess the drugs. For this to constitute property yet, the accused has to be knowing that they had the drug. The majority of the jurisdiction has however chosen to flow with the idea that its outright that the accused knew they were carrying the drugs.
The delivery of the drugs has to be proved by the government. They however, find this very hard to do as you cannot tell what one is thinking. They can, however, get a proven through the situations surrounding. The surrounding circumstances could be that they possessed large amounts of drugs. An excellent lead to delivery could be the presence of large amounts of money packaging materials and drug paraphernalia. Another evidence that could be retrieved communications with customers.
Possession with intent to distribute has not occurred until it is proven the accused was in possession and has an intent to distribute. Being arrest with an amount that is for personal consumption, cannot be possession with intent as there is no intention to distribute. You can also have a person with the right packaging and starts to sell to but they don’t have the drugs.
Cases on possession with intent usually are determined by the controlled product that the accused was having. The sentence is determined by the federal judge. There are established rules on the case to support which the judges have to follow unless they are mitigating a factor. Depending on the control products are the years to be convicted and the fines you have to pay. Whether or not you have ever been arrested is also a factor you consider.
A professionals attorney will help you through the case. Through the professional lawyers you can build up a strong defense. The prosecutors have been able to find it quite hard to prove the three elements thus lawyers may help out.